HB 5019 — AN ACT ESTABLISHING EXTENDED PRODUCER RESPONSIBILITY FOR CONSUMER BATTERIES.

944 sHB5019 File No.

944 (D) A description of the education and communications strategy being implemented to effectively promote participation in the approved covered battery stewardship program and provide the information necessary for effective participation of consumers, retailers and others;

(H)Public AAct descriptionNo. of the method to establish and administer a means for fully funding the program in a manner that equitably distributes the program's costs among the producers that are part of the battery stewardship organization.

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5019 (H) A description of the method to establish and administer a means for fully funding the program in a manner that equitably distributes the program's costs among the producers that are part of the battery stewardship organization.

(J) A description of how the battery stewardship program will collect all covered battery brands on a free, continuous, convenient, visible and accessible basis, including a description of how the program will sHB5019provide /for Fileconvenient No.collection for any municipality;

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944 provide for convenient collection for any municipality;

(N) Details of how the battery stewardship program will achieve a recycling efficiency rate, calculated consistent with this section of not lessPublic thanAct sixtyNo. per cent for rechargeable batteries and not less than seventy per cent for primary batteries;

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5019 less than sixty per cent for rechargeable batteries and not less than seventy per cent for primary batteries;

sHB5019(B) /There Fileis No.a change to the method of financing the battery stewardship plan implementation, including changes to the fees or fee structure established in the battery stewardship plan;

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944 (B) There is a change to the method of financing the battery stewardship plan implementation, including changes to the fees or fee structure established in the battery stewardship plan;

If the commissioner disapproves a battery stewardship plan submitted by a battery stewardship organization, the commissioner shall explain how the stewardship plan doesnot comply withthissection.The batterystewardshiporganization shall resubmit to the commissioner a revised battery stewardship plan not later than sixty days after the date the written notice was issued and the commissioner shall review the revised battery stewardship plan for compliancePublic withAct thisNo. section and shall approve, disapprove or conditionally approve such revised plan not later than ninety days after resubmittal.

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5019 compliance with this section and shall approve, disapprove or conditionally approve such revised plan not later than ninety days after resubmittal.

Not later than one hundred eighty days after the approval of a plan pursuant to this section, the battery stewardship organization shall sHB5019implement /the Filebattery No.stewardship program.

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944 implement the battery stewardship program.

(A) The collection rate for batteries in thePublic state;Act No.

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5019 the state;

sHB5019(2) /Each Filebattery No.stewardship organization that implements a battery stewardship plan on behalf of producers shall develop a system to collect charges from participating producers to cover the costs of the plan's implementation.

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944 (2) Each battery stewardship organization that implements a battery stewardship plan on behalf of producers shall develop a system to collect charges from participating producers to cover the costs of the plan's implementation.

(B)Public EachAct batteryNo. stewardship organization shall meet the collection goals established in the approved battery stewardship plan.

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5019 (B) Each battery stewardship organization shall meet the collection goals established in the approved battery stewardship plan.

Except as sHB5019otherwise /provided Filein No.this subsection, each battery stewardship plan shall provide for the collection of each chemistry and brand of covered batteryfromanyperson,business,governmentdepartmentornonprofit organization at each collection site that counts toward the satisfaction of the collection site criteria described in this section.

944(2) sHB5019(A) FileFor each collection site utilized by a battery stewardship program, each battery stewardship organization shall provide suitable Public Act No.

94425-34 otherwise14 provided in this subsection, each battery stewardship plan shall provide for the collection of each24 chemistrySubstitute andHouse brandBill ofNo. covered batteryfromanyperson,business,governmentdepartmentornonprofit organization at each collection site that counts toward the satisfaction of the collection site criteria described in this section.

(2)5019 (A) For each collection site utilized by a battery stewardship program, each battery stewardship organization shall provide suitable collectioncontainersforcoveredbatteriesthataresegregatedfromother solid waste or make mutually agreeable alternative arrangements for the collection of batteries at the site.

(iii) As used in this subparagraph, "damaged and defective batteries" means batteries that have been damaged or identified by the manufacturer as being defective for safety reasons and that have the sHB5019potential /of Fileproducing No.a dangerous evolution of heat, fire or short circuit, as referred to in 49 CFR 173.185(f) as of January 1, 2025, or as updated by the department by regulations adopted in accordance with the provisions of chapter 54 of the general statutes to maintain consistency with federal standards.

944Public sHB5019Act File No.

94425-34 potential15 of producing24 aSubstitute dangerousHouse evolutionBill ofNo. heat, fire or short circuit, as referred to in 49 CFR 173.185(f) as of January 1, 2025, or as updated by the department by regulations adopted in accordance with the provisions of chapter 54 of the general statutes to maintain consistency with federal standards.

5019 (3) Each battery stewardship organization that implements a battery stewardship plan shall ensure state-wide collection opportunities for all covered batteries.

Each battery stewardship program shall use as a collection site for covered batteries any retailer or wholesaler that meets the criteria for collection sites in the approved battery stewardship plan up to the minimum number of sites required sHB5019for /compliance Filewith No.the approved plan, upon the submission of a request by an entity to the battery stewardship organization to serve as a collection site.

944Each sHB5019battery Filestewardship program may use additional Public Act No.

94425-34 for16 compliance with the approved plan, upon the submission of a24 requestSubstitute byHouse anBill entityNo. to the battery stewardship organization to serve as a collection site.

Each5019 battery stewardship program may use additional collection sites in excess of the minimum required in this subsection, as may be agreed between the battery stewardship organization and the collection site.

(B) distribution of periodic press releases and sHB5019articles; / File No.

944(C) sHB5019placement Fileof advertisements for use on social media or Public Act No.

94425-34 articles;17 of 24 Substitute House Bill No.

(C)5019 placement of advertisements for use on social media or other relevant media platforms;

(B) Each battery stewardship organization may seek reimbursement fromPublic theAct producerNo. of the recalled battery for expenses incurred in the collection, transportation or processing of such batteries.

sHB501925-34 /18 Fileof 24 Substitute House Bill No.

9445019 sHB5019from Filethe No.producer of the recalled battery for expenses incurred in the collection, transportation or processing of such batteries.

944 (4) Upon request by a retailer or other potential collector, the battery stewardship organization shall provide the retailer or other potential collector educational materials describing collection opportunities for batteries.

Five years after the implementation of the program, or upon the request of the Commissioner of Energy and Environmental Protection, but not more frequently than once every five years, the stewardship organization shall cause a full performance audit of the program to be conducted by an independent third party auditor approvedPublic byAct theNo. commissioner.

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5019 approved by the commissioner.

The battery stewardship organization shall submit such full performance audit to the commissioner not later than one hundred eighty days after such audit sHB5019request /by Filethe No.commissioner.

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944 request by the commissioner.

Each battery stewardship organization that implements similar battery stewardship programs in multiple states may submit a financial statement including all covered states, provided the statement breaks outPublic financialAct informationNo. pertinent to this state;

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5019 out financial information pertinent to this state;

sHB5019(E) /A Filecalculation No.of the recycling efficiency rates;

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944 (E) A calculation of the recycling efficiency rates;

(J) The estimated aggregate sales, by weight and chemistry, of batteries and batteries contained in or with battery-containing products soldinthestatebyparticipatingproducersforeachofthepreviousthreePublic calendarAct years;No.

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5019 soldinthestatebyparticipatingproducersforeachofthepreviousthree calendar years;

(L) A description of education and outreach efforts supporting plan implementation including, but not limited to, a summary of education and outreach provided to consumers, collection sites, manufacturers, sHB5019distributors /and Fileretailers No.by the battery stewardship program operator for the purpose of promoting the collection and recycling of covered batteries, a description of how that education and outreach met the requirements of this section, samples of education and outreach materials, a summary of coordinated education and outreach efforts with any other battery stewardship organizations implementing a battery stewardship plan approved by the commissioner and a summary of any changes made during the previous calendar year to education and outreach activities;

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944 distributors and retailers by the battery stewardship program operator for the purpose of promoting the collection and recycling of covered batteries, a description of how that education and outreach met the requirements of this section, samples of education and outreach materials, a summary of coordinated education and outreach efforts with any other battery stewardship organizations implementing a battery stewardship plan approved by the commissioner and a summary of any changes made during the previous calendar year to education and outreach activities;

(2)Public TheAct weightNo. of batteries or recovered resources from such batteries shall only be counted once and may not be counted by more than one battery stewardship organization.

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5019 (2) The weight of batteries or recovered resources from such batteries shall only be counted once and may not be counted by more than one battery stewardship organization.

sHB5019(4) /Any Fileproprietary No.information submitted to the commissioner under this section shall be exempt from disclosure under chapter 14 of the general statutes.

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944 (4) Any proprietary information submitted to the commissioner under this section shall be exempt from disclosure under chapter 14 of the general statutes.

(m)Public (1)Act OnNo. and after January 1, 2028, each producer or retailer may only sell, offer for sale or distribute in or into the state a covered battery or battery-containing product containing one or more covered batteries if the battery is marked with an identification of the producer of the battery, unless the battery is less than one-half inch in diameter or does not contain a surface that exceeds one-half inch.

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5019 (m) (1) On and after January 1, 2028, each producer or retailer may only sell, offer for sale or distribute in or into the state a covered battery or battery-containing product containing one or more covered batteries if the battery is marked with an identification of the producer of the battery, unless the battery is less than one-half inch in diameter or does not contain a surface that exceeds one-half inch.

(2) Each producer shall verify to its customers, or to the retailer if the sHB5019retailerisnotthecustomer,thattherequirementsofthissubsectionhave /been Filemet. No.

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944 retailerisnotthecustomer,thattherequirementsofthissubsectionhave been met.

ThisGovernor's actAction: shall take effect as follows and shall amend the following sections:

SectionApproved 1June October10, 1, 2025 NewPublic sectionAct sHB5019 / File No.

94425-34 2324 sHB5019of File24 No.

944 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 26 $ FY 27 $ Department of Energy and GF – Potential Minimal Minimal Environmental Protection Revenue Gain Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 26 $ FY 27 $ All Municipalities Potential Minimal None Savings Explanation The bill requires a plan for and implements a statewide battery stewardship program.

The Department of Energy and Environmental Protection (DEEP) is responsible for reviewing and approving the plans submitted by battery producers.

The bill results in the fiscal impacts described below.

Potential Revenue Gain to DEEP The bill may result in a revenue gain, beginning in FY 26, to DEEP as the department may assess a fee of up to $50,000 annually on each stewardship organization to cover the costs of program administration.

Total revenue is expected to be minimal annually, subject to the number of stewardship organizations and the fee set by DEEP.

There are no anticipated costs to DEEP for administration of the sHB5019 / File No.

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944 statewide battery stewardship program, DEEP has the staff and expertise necessary to oversee the program.

Fines The bill additionally allows the Office of the Attorney General (OAG) to bring an action to enforce the provisions of the bill resulting in a potential revenue gain to the state to the extent violations occur, the OAG brings an action, and fines are collected.

Municipal Impact The bill results in a potential savings to municipalities, beginning in FY 27, as fewer batteries would be a part of municipal solid waste (MSW).

Current average tipping fees for MSW are approximately $110 per ton.

Any savings to municipalities would be dependent on the volume of batteries being disposed of in the MSW stream.

The bill also allows municipalities to serve as a collection site for the battery stewardship program.

Any costs to municipalities for serving as a collection site would be reimbursed by the battery stewardship organization.

House "A" strikes the underlying bill and its associated fiscal impact and replaces it with the fiscal impact described above.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the fee set by DEEP, the number of battery stewardship organizations, and the number of violations.

The bill's other fiscal impacts will grow in the out years as producers of larger batteries become subject to certain stewardship program requirements beginning in FY 28.

sHB5019 / File No.

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944 OLR Bill Analysis sHB 5019 (as amended by House "A")* AN ACT ESTABLISHING EXTENDED PRODUCER RESPONSIBILITY FOR CONSUMER BATTERIES.

SUMMARY This bill establishes a framework for statewide stewardship programs to manage the collection and recycling of certain batteries.

Beginning January 1, 2027, it prohibits battery and battery-containing product producers who fail to participate in a battery stewardship organization from selling the batteries or products in Connecticut.

Under the bill, producers must, either on their own or with other producers, be part of a stewardship organization that develops a plan for and implements a battery stewardship program.

The Department of Energy and Environmental Protection (DEEP) is responsible for reviewing and deciding to approve a plan.

These plans must be submitted by July 1, 2026, and producers of certain covered batteries must inform DEEP whether they will join a program jointly or individually by January 1, 2027.

Starting July 1, 2028, the bill prohibits retailersfromselling,offeringforsale,distributing,orotherwisemaking available for sale the covered batteries or battery-containing products of non-participating producers.

Starting January 1, 2028, the bill generally prohibits producers and retailers from selling, offering for sale, or distributing in or into Connecticut covered batteries or battery-containing products without an identification mark of the battery’s producer.

Starting January 1, 2030, these batteriesmust bemarkedwithspecifiedlabelsto ensure they are properly collected and recycled.

The bill authorizes DEEP to assess an annual fee of up to $50,000 on sHB5019 / File No.

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944 an organization for administration and enforcement of the bill’s requirements.

It requires the collection of loose batteries;

it does not require collecting battery-containing products.

The bill also sets requirements on retail battery sales, establishing collection sites, educational and promotional efforts, and annual reporting to DEEP.

The bill (1) authorizes the DEEP commissioner to enforce the bill’s provisions under her general powers, and to ask the attorney general to bring an action to enforce the bill’s provisions;

(2) extends certain antitrust and unfair trade practice liability protections to retailers, producers, and battery stewardship organizations;

and (3) authorizes DEEP to cooperate with other states’ battery recycling programs.

*HouseAmendment“A”makesnumerouschangestotheunderlying bill.

Among other things, it:

1.

pushes up the date by which battery stewardship organizations must submit a plan for approval from January 1, 2027, to July 1, 2026;

2.

delays the start of the retailer restrictions on portable batteries from July 1, 2027, to July 1, 2028 (the same date the underlying bill sets for the restrictions on medium format batteries);

3.

requires retailers that serve as collection sites to participate in an approved stewardship plan;

4.

requires the battery stewardship plan to describe how the programwillprovideconvenient collectionfor allmunicipalities, rather than just those with populations of 100,000 or more;

5.

changes the procedures and timeline for DEEP’s approval of the stewardship plans;

6.

removes the requirement that collection containers in collection sites be within the view of a reasonable person;

7.

clarifies retailers’ liability protections and adds the carve out for sHB5019 / File No.

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944 intentional misrepresentation, fraud, and willful, wonton, or reckless acts;

and 8.

makes numerous minor and technical changes.

The amendment also eliminates provisions:

1.

establishing criminal and civil penalties for violating specified provisions in the underlying bill;

2.

giving battery stewardship organizations implementing an approved plan in compliance with the bill’s provisions a private right of action for damages against producers;

3.

prohibiting the disposal of lithium ion batteries in solid waste landfill facilities or incinerators;

and 4.

explicitlyallowingformail-backprogramsforendoflifeportable or medium format batteries outside of the battery stewardship organization.

And it adds provisions:

1.

allowing the DEEP commissioner to enforce the bill’s provisions and ask the attorney general to bring an action to do so, 2.

allowing DEEP to collaborate with other states that implement a battery recycling program, and 3.

requiring a full performance audit at least once every five years and authorizing DEEP to request a targeted and limited performance audit.

EFFECTIVE DATE:

October 1, 2025 BATTERY STEWARDSHIP REQUIREMENTS Producer Participation Beginning January 1, 2027, for portable and medium format batteries, the bill requires each producer selling, offering for sale, or distributing sHB5019 / File No.

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944 covered batteries or battery-containing products in or into the state to participate in an approved battery stewardship organization, including the organization’s funding.

The bill prohibits nonparticipating producers from selling the batteries or products in or into the state.

Batteries and Battery Products Involved The bill applies to the management of “covered batteries” and “battery-containing products.” Covered batteries include portable batteries and medium format batteries, but not:

1.

batteries used in medical devices;

2.

batteries that contain an electrolyte as a free liquid;

3.

lead acid batteries weighing more than 11 pounds;

4.

motor vehicle batteries subject to the existing battery deposit law or any battery that is a component of a motor vehicle or intended for use exclusively in motor vehicles;

5.

batteries recalled for safety reasons;

6.

batteries in a battery-containing-device that are not easily, or not designed to be, removed;

or 7.

batteries subject to the state’s electronic waste recycling law.

“Portable batteries” include (1) nonrechargeable batteries (e.g., alkaline, silver oxide, zinc air, carbon-zinc, and lithium metal) of up to four pounds, six ounces and (2) rechargeable batteries (e.g., with at least one voltaic or galvanic cell, electrically connected to produce electric energy) of up to 11 pounds and a maximum rating of 300 watt hours.

“Medium format batteries” are (1) nonrechargeable batteries weighing more than four pounds, six ounces, but no more than 25 pounds and (2) rechargeable batteries weighing more than 11 pounds, but no more than 25 pounds, or with a rating over 300 watt hours, but no more than 2,000 watt hours.

sHB5019 / File No.

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944 Products that are sold, offered for sale, or distributed that contain or are packaged with the above batteries are “battery-containing products,” unless they are already subject to the state’s electronic waste recycling law.

Producers The bill applies to “producers.” For batteries that are sold, offered for sale, or distributed in or into the state under the battery manufacturer’s brand, the producer is the battery manufacturer.

But if they are under a retail brand or a brand owned by a person that is not the manufacturer, it is the brand owner.

And if there is no person meeting the above criteria, then the following, in order, would be the producer:

1.

the licensee of a brand or trademark under which the battery is sold, offered for sale, or distributed in or into Connecticut, regardless of whether the trademark is registered in this state;

2.

the battery’s importer of record into the United States;

or 3.

the person who first sells, offers for sale, or distributes the battery in or into Connecticut, if no person has a commercial presence in the state.

The bill largely applies the same hierarchy to determine a producer for battery-containing products, though brand or trademark licensees may be deemed the producers if the product is used in a commercial enterprise, in addition to being sold, offered for sale, or distributed in the state as described above.

The bill allows another party to contractually accept the responsibility as a producer and join a stewardship organization as the producer.

In addition, producers of covered batteries that are included in battery-containing products must provide written certification of their membership in a battery stewardship organization to the battery- containing product’s producer, and the battery stewardship organization of which the battery producer is a member.

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944 RESTRICTIONS ON SALE, DISTRIBUTION, OFFERS, AND AVAILABILITY Retailers Beginning July 1, 2028, the bill generally prohibits retailers from selling, offering for sale, distributing, or otherwise making available for sale (including to other businesses) the covered battery or battery containing product of a producer that is not participating in a battery stewardship organization with an approved plan.

This ban does not apply if, at the time the product is made available for sale, DEEP’s website lists a producer or brand of covered battery or battery- containing product sold by the retailer as participating in or implementing an approved plan.

The bill requires retailers selling or offering covered batteries or battery-containing products for sale in the state to give consumers the information that the battery stewardship organization gave the retailer on end-of-life management options for covered batteries the organization collects.

The bill also prohibits retailers from selling, offering for sale, distributing, or otherwise making available for sale covered batteries unless they are properly marked (see Identifying Markings below).

It requires battery-containing product producers to verify to retailers that the battery in the product is properly marked, which retailers may rely on for compliance reasons.

Lastly, the bill prohibits retailers, producers, and battery stewardship organizations from charging consumers a specific fee during a sale to cover the organizations’ or their programs’ administrative or operational costs.

Identifying Markings Beginning January 1, 2028, the bill generally prohibits producers and retailers from selling, offering for sale, or distributing in or into Connecticut a covered battery or battery-containing product without an identification mark of the battery’s producer.

However, it exempts sHB5019 / File No.

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944 batteries with diameters of less than one half-inch or surfaces that do notexceedonehalf-inch.BeginningJanuary1,2030,these batteriesmust be marked with labels to ensure that they are properly collected and recycled by identifying their chemistry and indicating that they should not be disposed of as household waste.

The bill requires producers to verify to their customers and retailers that the above requirements were met.

PLAN DEVELOPMENT AND SUBMISSION By January 1, 2027, the bill requires each producer of covered portable batteries, or its designee (e.g., a battery stewardship organization), to notify the DEEP commissioner on a DEEP-prescribed form if it will individually or jointly submit a plan to establish a statewide battery stewardship program.

(The bill does not similarly require producers of covered medium format batteries to notify DEEP in this way).

Under thebill,eachbattery stewardshiporganizationmust submit its plan for covered batteries by July 1, 2026, to DEEP for review and approval.

A battery stewardship organization may then submit a plan to DEEP at any time for its review and approval.

Required Plan Contents Under the bill, the plan must include the following information:

1.

contact information for each producer, battery brand, and battery-containing product brand covered in the plan;

2.

aperformancegoalsproposal,includinggoalsforeachofthenext three program years (see Performance Goals below);

3.

promotional activities and consumer awareness goals and strategies to meet the program’s goals;

4.

collection site safety training procedures for battery collection, including protocols to reduce spill or fire risk, respond to a spill sHB5019 / File No.

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944 or fire, and safely manage damaged batteries;

5.

collection goals for each of the program’s first three years that are based on the estimated total weight of nonrechargeable and rechargeable covered batteries sold in the state during the previous three years;

6.

goals for increasing public awareness;

and 7.

proposed sorters, transporters, processors, and facilities that the program will use for final battery disposition and how environmentally soundmanagement practiceswillbeusedwhen managing collected batteries.

Under the bill, “environmentally sound management practices” comply with applicable federal, state, and local regulatory requirements to protect workers, public health, and the environment.

They also (1) provide for recording, tracking, and documenting materials’ final disposition in the state and outside of it and (2) include comprehensive liability coverage for the stewardship organization with commercially practicable environmental liability coverage.

The plan must also describe the following:

1.

how the organization will inform retailers about their obligation to only sell batteries and battery-containing products covered by an approved battery stewardship plan;

2.

the education and communications strategy that will be used to effectively promote program participation, including the information needed for consumers, retailers, and others;

3.

how the program’s public education and outreach aspects will be implemented;

4.

how the organization will provide collection sites with signs, written materials, and other promotional materials to inform consumers about end-of-life management options for covered sHB5019 / File No.

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944 batteries;

5.

a method for establishing and administering a way to fully fund the program so that it equitably distributes program costs among participating producers;

6.

financing methods to implement the plan;

7.

how the program will collect all covered battery brands on a free, continuous, convenient, visible, and acceptable basis, including providing for convenient collection in towns;

8.

criteria for determining if an entity may serve as a collection site;

and 9.

how the program will reach recycling efficiency rates of at least 70% for nonrechargeable batteries and at least 60% for rechargeable batteries.

Under the bill, a “recycling efficiency rate” is a ratio of the weight of batterycomponentsandmaterialsrecycledbyaprogramoperatortothe weight of batteries the operator collected.

In calculating the rate, materialsarenotconsideredrecyclediftheyarecombusted,incinerated, or used in energy generation, fuel production, or for beneficial use in a solid waste landfill.

Performance Goals The bill requires each plan to have performance goals that annually measure the program’s achievements on battery collection in the state, the recycling efficiency rate, and public awareness.

Specifically, the goals must at least include the following:

1.

target collection rates for nonrechargeable batteries and rechargeable batteries;

2.

target recycling efficiency rates of at least 70% for nonrechargeable batteries and at least 60% for rechargeable batteries;

and sHB5019 / File No.

944 sHB5019 File No.

944 3.

goals for public awareness, convenience, and accessibility that at least meet the bill’s minimum requirements.

The bill prohibits a battery stewardship organization from reducing or stopping collection, education and outreach, or other activities due to meeting program performance goals.

The “collection rate” is a percentage, by weight, that is calculated by dividing the total weight of batteries collected by the organization during the prior year by the average annual weight of batteries estimated to have been sold in the state during the previous three years by all producers participating in an approved plan.

Review and Approval Process The bill requires the DEEP commissioner to (1) review submitted plans and (2) base her approval on whether the plan has the above information.

The commissioner may approve, disapprove, or conditionally approve a plan, but must do so in writing within 90 days after receiving it.

A disapproval must explain how the plan is noncompliant.

If a plan is disapproved, the battery stewardship organization must submit a revised plan within 60 days after DEEP’s disapproval notice and DEEP then has 90 days to review it for compliance with the bill, and must approve, disapprove, or conditionally approve the revised plan.

If the commissioner disapproves it again, she must again explain why in a notice of determination to the producer or stewardship organization.

The bill then requires revision and resubmission of the plan within 45 days after receipt of the last notice, but it limits resubmitting a revised plan for approval to two times.

Once a plan is resubmitted, the commissioner has 45 days to approve, disapprove, or conditionally approve it.

Under the bill, if there is no acceptable plan submitted, the DEEP commissioner must modify a submitted plan to make it compliant and approve it.

Once a plan is approved, the battery stewardship sHB5019 / File No.

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944 organization must implement the program within 180 days.

Changes to a Plan The bill sets out circumstances that require plan amendments or a new plan to be submitted for DEEP’s approval.

Specifically, it requires plan amendments for (1) changes to performance goals due to program performance;

(2) changes to the program financing method, including to the plan’s fees or fee structure;

and (3) an addition or removal of a sorter, processor, or transporter.

It authorizes DEEP to identify other types of significant changes that would require submitting a new plan for approval and requires the submission of one if DEEP requests it.

The bill also requires a stewardship organization to inform DEEP, in writing, within 30 days after a producer starts or ends participation in the organization.

Public Comment Under the bill, DEEP must make any plan or amendment submitted for DEEP approval available for public review and comment for at least days.

PROGRAM FUNDING Under the bill, a battery stewardship organization must ensure that there is adequate funding to fully implement its approved plan, including program evaluation.

The bill makes it responsible for all the costs of covered battery collection, transportation, processing, education, administration, department reimbursement, recycling, and end-of-life management according to the bill’s requirements.

For an organization that implements a plan on behalf of producers, the bill requires it to develop a system to collect charges from the producers to cover the plan’s implementation costs.

The bill separately authorizes a stewardship organization to seek reimbursement from producers of recalled batteries for its expenses to collect, transport, or process them.

BATTERY COLLECTION sHB5019 / File No.

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944 General Provisions The bill requires each battery stewardship organization to meet the battery collection goals set out in its plan.

It must have all covered batteries collected on a free, continuous, convenient, visible, and acceptable basis for individuals, businesses, government agencies, and nonprofits at each collection site it uses, with certain exceptions (see below).

Under the bill, a stewardship organization must have statewide collection opportunities.

It must coordinate with other program operators, like battery collection and recycle programs and electronic waste recyclers, to efficiently deliver services and avoid unnecessary duplication of work and costs.

Geographic information modeling must be used to consider permanent collection sites and determine statewide collection opportunities.

The bill allows programs to rely on collection events to supplement permanent collection services, but only permanent services qualify to meet the bill’s collection location requirements.

Under the bill, a battery stewardship program must use existing waste collection services and facilities, including battery collection sites, transporters, consolidators, processors, and retailers, when doing so is cost effective, mutually agreeable, and otherwise practicable.

While the bill does not require retailers to make their locations available as collection sites, those that do must participate in an approved stewardship plan and comply with all collection site requirements (see below).

The bill limits the collection of medium format batteries to household hazardous waste collection sites or other staffed locations that meet applicable federal, state, and local regulatory requirements for managing these batteries.

It also specifies that programs do not have to collect (1) battery-containing products or (2) batteries that are not easily removable from a product except by the manufacturer and that stay in a battery-containing product when it is brought to a collection site.

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944 Collection Sites Under the bill, a “collection site” includes any (1) state resident;

(2) political subdivision of the state;

(3) transfer station, material recovery facility, drop off or event or disposal facility in Connecticut;

or (4) other entity that the battery stewardship organization approved to participate in its approved collection plan.

The bill requires a battery stewardship program to include municipalities, solid waste management facilities, and household hazardous waste facilities as collection sites if they meet the associated plan’s collection site criteria and they ask to be one.

It similarly requires a program to use any retailer or wholesaler meeting the collection site criteria as a collection site if it asks to be one and having it as a site will help meet the plan’s minimum number of required sites.

The bill also requires a program to use retailers, wholesalers, municipalities, solid waste management facilities,household hazardous waste facilities, or other entitiesmeeting aplan’scollectionevent criteria to serve as a collection event location if they ask to serve as one.

And it allows a program to use additional sites agreed to by the battery stewardship organization and the collection site.

Under the bill, for each collection site it uses, a battery stewardship organization must (1) provide suitable collection containers that are separated from other solid waste or (2) make mutually agreeable alternative arrangements to collect the batteries at a site.

The organization must also provide the site with free training, signs, safety guidance, and educational materials.

Collection sites must follow (1) applicable federal, state, and local regulatory requirements and (2) the operations manual and other safety information the stewardship organization gives them.

Collection Container Location The bill requires the collection containers to have the signs the stewardship organization gave the site to educate customers about the sHB5019 / File No.

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944 site’s end-of-life management options for batteries.

Damaged or Defective Batteries The bill requires the stewardship organizations to collect damaged or defective batteries at collection sites, other than retailers, with staff trained to handle and ship the batteries.

The batteries must also be collected at all permanent household hazardous waste facilities, household hazardous waste collection events, and participating permitted transfer stations.

Under the bill, these batteries are those that (1) are damaged or manufacturer identified as defective for safety reasons and (2) may produce dangerous heat, fire, or short circuit.

The bill allows DEEP to update this definition in regulations to stay consistent with federal definitions of damaged or defective batteries (49 C.F.R.

§ 173.185(f)).

Suspending or Ending a Collection Site The bill allows a stewardship organization to issue a warning to suspend or end a collection site or service that does not follow the plan’s collection site criteria or poses an immediate health and safety concern.

Local Reimbursement The bill requires a stewardship organization to reimburse local governments for the demonstrable costs they incur from serving as a program collection site (e.g., like at a solid waste handling facility).

The costs include things like labor or storage costs.

ADMINISTRATIVE FEE The bill allows DEEP to assess a reasonable annual fee, capped at $50,000, to each battery stewardship organization to administer and enforce the bill’s requirements.

PROMOTIONAL EFFORTS, EDUCATION, AND OUTREACH Stewardship Organization The bill requires a battery stewardship organization to develop and take part in promotion, education, and outreach activities to support its approved plan’s implementation.

If multiple battery stewardship sHB5019 / File No.

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944 organizations are implementing DEEP-approved plans, they must coordinate education and outreach efforts.

Under the bill, the promotion, education, and outreach activities must at least include the following:

1.

maintaining a website;

2.

distributing periodic press releases and articles;

3.

advertising on social media or other relevant media platforms;

4.

distributing promotional materials about the program and its restrictions on disposing of batteries for use by individuals, retailers, government agencies, waste and recycling collectors, and nonprofits;

5.

distributing safety training procedures that comply with state law to collection sites to help properly manage batteries;

and 6.

implementing educational and outreach resources that are conceptually, linguistically, and culturally accurate for the communities the program serves and reach the state’s diverse ethnic populations, such as through meaningful consultation with communities that are disproportionally affected by increased adverse environmental and social justice impacts.

For collection sites, the bill requires a stewardship organization to provide (1) consumer-focused educational promotional materials;

(2) safety information for the sites’ operators related to battery collection, including appropriate methods to reduce spill or fire risks and response protocols for when a spill or fire happens or there is a damaged or defective battery;

and (3) educational materials for the operators to manage recalled batteries, including transportation and processing.

For retailers and other potential collectors that ask for them, the bill requires a stewardship organization to provide educational materials describing collection opportunities.

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944 Additionally, during a program’s first year and then every five years, a stewardship organization must conduct a public awareness survey about the program’s requirements.

It must share the survey’s results with DEEP.

DEEP The bill requires DEEP to maintain a website that lists participating producers and their brands.

The department must also make publicly available each plan, plan amendment, and annual report it receives.

ANNUAL REPORT Beginning by June 1, 2029, the bill requires each stewardship organization to report certain information in an annual report to DEEP that covers the previous calendar year.

This information generally includes collected battery statistics, how batteries were managed, collection or recycling rates, educational and outreach efforts used, and certain financial information, as listed in the table below.

Table:

Annual Report’s Required Components General Report Topic Required Information Collected Materials • Weight of (1) collected batteries, by chemistry, and (2) materials recycled from collected batteries, in total and by recycling method (specifies that battery and recovered resourcesweightsmustonlybecountedonceandonlybyone stewardship organization) • Weight and chemistry of batteries sent to each disposal facility, which may be approximated based on extrapolations of national or regional data • Program collection rate, including how it was calculated and compared to the bill’s other collection rate goals Battery Management • Description of battery collection, transport, and recycling methods used • Listofandaddressesforallcollectionsites,includingacurrent map showing their locations with links to the sites’ websites, if any • Description of how collected batteries were managed and recycled, including best available technologies and the recycling efficiency rate • List of all facilities used to process or dispose of batteries, including their location, and whether the location is in (1) the sHB5019 / File No.

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944 General Report Topic Required Information United States, (2) an organization for economic cooperation and development (OECD) country, or (3) acountry that meets OECD’s operating standards • For domestically located processing or disposal facilities, a summary of any violations of environmental laws and regulations for the prior three years • For each disposal facility, how it recycled or otherwise disposed of batteries and battery components • Calculation of recycling efficiency rates • Summary on progress to meet performance goals and if they were not met, an explanation as to why • If batteries are disposed of through energy recovery, incineration, or landfilling, steps that will be taken to make recycling cost effective, if possible, or to otherwise increase recycling rates Education and • Description of (1) education and outreach efforts to Outreach consumers, collection sites, manufacturers, distributors, and retailers by the program operator to promote collection and recycling and (2) how the efforts met the bill’s requirements • Sample materials • Summary of (1) coordinated efforts with other battery stewardship organizations withDEEP-approved plans and (2) changes to education and outreach activities • Effectiveness evaluation of education and outreach activities Financial • For each of the three prior years, estimated total sales, by weight and chemistry, of (1) batteries and (2) batteries contained in or with battery-containing products sold in Connecticut by participating producers • Copyofthemostrecentauditreportpreparedaccordingtothe bill’s requirements, as described below • Summaryfinancialstatementshowingtheprogram’sfinancing and an analysis of program costs and expenses (e.g., collection, transportation, recycling, education, and overhead costs) (must be detailed enough to be transparent in determining if funds from producers with activity in Connecticut were spent on programs in the state, but may be submitted as a document covering programs in all states in which the organization operates if it breaks out Connecticut- specific information) AUDIT AND RECORD RETENTION REQUIREMENTS The bill requires the battery stewardship organization to have a full performance audit of the program done five years after the program’s sHB5019 / File No.

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944 implementation or at the DEEP commissioner’s request (but no more than once every five years).

The audit must be done by an independent third-party auditor approved by the DEEP commissioner.

The commissioner must give theorganizationat least 180 days’ notice before requesting a full performance audit and the organization must submit the audit to the commissioner within 180 days after the request.

The bill also allows the commissioner to request a targeted and limited performance audit.

In this case, she must give the organization notice at least 14 days before the request and the organization must submit the audit to her within 60 days after the request.

In either case, the audit must review the accuracy of the organization’s program data and include any other information the commissioner requested.

But the bill specifies that the audit does not require disclosing any proprietary information or trade or business secret.

The organization must pay for these audits and keep all program records for at least three years.

ENFORCEMENT The bill authorizes the DEEP commissioner to (1) enforce the bill’s provisions under her general powers and (2) ask the attorney general to bring an action to enforce the provisions.

LIABILITY PROTECTION Under the bill, to the extent a producer, retailer, or stewardship organization is exercising authority under the bill’s provisions, it is immune from liability for any antitrust or unfair trade practice claim based on a violation of antitrust law, except for intentional misrepresentation, fraud, or willful, wonton, or reckless acts.

PROPRIETARY INFORMATION Under the bill, any proprietary information submitted to DEEP as part of meeting the bill’s requirements is exempt from disclosure under state freedom of information laws.

INTER-STATE COOPERATION sHB5019 / File No.

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944 The bill allows DEEP to collaborate with any other state that implements a battery recycling program to more efficiently administer battery stewardship programs, as long as this collaboration is consistent with the bill’s requirements.

COMMITTEE ACTION Environment Committee Joint Favorable Substitute Yea 35 Nay 0 (02/28/2025) Judiciary Committee Joint Favorable Yea 37 Nay 0 (04/25/2025) sHB5019 / File No.

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